Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.
Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.
During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.
The problem is, the people who wrote the 14th amendment didn’t specify how that is supposed to be enforced.
Criminal conviction? Well trump was only convicted of a state charge of fraud, not insurrection.
Simple majority of congress? Republican congress could just ban democrats.
2/3 Supermajority of congress? It’ll never pass
Supreme court? Well, a majority of them is republican.
If its too easy to invoke it, it could be weaponized against progressive candidates. They’d just declare BLM protests as “insurrection” and ban them from the ballot.
No idea why you’re getting downvoted for pointing this out. This is literally the flaw with the insurrection clause of yes 14th amendment and precisely why it wasn’t enforced. SC ruled that states don’t get to enforce it on their own authority, but failed to specify who does. If the amendment had specified an enforcement mechanism, there would be no need for interpretation.